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Are you worried that a past criminal conviction will affect your present or your family’s future? California offers several forms of record relief, and depending on your unique circumstances, working with an experienced attorney is the most effective way to understand which option may apply to you.
Expungements in California can open the door to new opportunities, but it’s important to understand what this relief actually does and does not do before you rely on it. Below, I’ll walk through how the process generally works, who tends to qualify, and why your specific case still needs individual review.
With expungements in California, the Federal Bureau of Investigation and California’s Department of Justice must update files to show that a not-guilty plea has been entered and that the case has been dismissed by the criminal court. These cases may involve misdemeanors, felonies, infractions, or DUIs.
Under Penal Code 1203.4, if you are eligible for expungement, you may petition the court to withdraw a guilty or no-contest plea, or to set aside a guilty verdict, enter a not-guilty plea, and have the case dismissed. From that point forward, your record shows a dismissal rather than a conviction, and you’re released from most of the penalties and disabilities that came with it.
In most cases, once a conviction has been dismissed, you may lawfully state on a private job application that you were not convicted of that offense. California expungement law also limits how most private employers can ask about or use a dismissed conviction against you.
It’s important to understand that California does not offer a true expungement in the sense of erasing your record. A Penal Code 1203.4 dismissal does not erase or seal your case from all view.
Your case remains part of your record. Depending on the type of background check, it may still appear, though it should be shown as dismissed rather than as an active conviction. Law enforcement agencies and certain government bodies generally retain access regardless of the dismissal.
An expungement also does not, in most cases:
Eligibility for expungements in California under Penal Code 1203.4 generally depends on a few core factors:
Because California expungement law and related record relief statutes have changed significantly in recent years, some of these general rules now have exceptions. I recommend a case review with an expungement attorney in California rather than relying on a general checklist.
Misdemeanor and felony convictions in California are treated somewhat differently when it comes to expungements.
If you were convicted of a misdemeanor and not granted probation, you may generally petition for a dismissal after about a year has passed. If you were granted probation, formal or informal, you typically petition after successfully completing it.
Felony cases usually require successful completion of formal probation first. A felony that included a state prison sentence faces more limits under standard Penal Code 1203.4 relief, though other forms of record relief may still apply depending on how and when the offense was sentenced. If you’re unsure whether your misdemeanor or felony conviction qualifies, this is exactly the kind of question I review case by case.
For most job applicants, a dismissed conviction under California expungement law offers real practical protection. Most private employers are barred from asking about a conviction before making a conditional job offer, and from holding a dismissed conviction against you once they learn of it.
Commercial background check reports should reflect the dismissal rather than the original conviction. However, the underlying case may still be part of the public record in some databases, and it can still surface for positions with government agencies, law enforcement, or certain licensing boards, where different disclosure rules apply.
If a background check on your record isn’t showing the update it should, that’s often a sign it’s time to have a California expungement attorney look into it.
SB 731, part of California’s broader Clean Slate reforms, expanded record relief beyond what a standard Penal Code 1203.4 dismissal covers. It created new sealing options for many felony convictions, including some that would not otherwise qualify for expungement, through both petition-based and, in some circumstances, automatic relief after a conviction-free waiting period.
This relief generally excludes registered sex offenses and other serious or violent felonies, and the applicable waiting periods depend on the offense and how the case was resolved. Because this area of law is relatively new and continues to be refined, it’s worth a closer look. I cover more of the details in this article on SB 731 and criminal record relief.
Every case is shaped by details that a general overview like this one can’t account for: exactly what you were convicted of, whether you received probation or served time, how much time has passed, and whether anything else has happened since. Two people with similar-sounding convictions can have very different eligibility.
Because of that, I don’t think it’s responsible to tell you whether you qualify for an expungement, SB 731 relief, or another remedy without reviewing your record directly. For more background on how California’s criminal statutes are structured, you can also read this guide to California’s criminal codes.
Processing time varies by county and by whether a hearing is required. Many misdemeanor petitions are decided within a few months of filing, while felony petitions, which usually require a court hearing, tend to take longer. I can give you a more realistic timeline once I’ve reviewed your case.
You’re not legally required to hire an attorney to petition for a Penal Code 1203.4 dismissal, and self-help forms are available through the court. That said, felony petitions require additional paperwork and often a hearing, and a mistake in the eligibility analysis can lead to a denial. Working with an expungement attorney helps you avoid costly errors.
Expungement under Penal Code 1203.4 dismisses a conviction, but the underlying case record stays in place, marked as dismissed. Record sealing, including the relief created by SB 731, restricts who can see certain records more broadly. Depending on your conviction, one, both, or neither may apply to you.
If you’re in need of an expungement, I, attorney Michael C. MacNeil, am ready to give you a new lease on life by helping you through this process. With an expungement, you can finally take advantage of more of the opportunities that life brings your way and therefore enjoy life on a whole new level.
Note that when you call my office, your phone call will never be answered by a paralegal or secretary. That’s because I, your legal representative, will always serve as your point of contact. There will be no receptionist or assistant between you and me.
Get in touch with me today for a consultation. We’ll go over your situation and determine next steps with the aim of giving you a brighter future in the years ahead.
